meeting special education requirements for english learners

CALIFORNIA DEPARTMENT OF EDUCATIONJack O’Connell, State Superintendent of Public Instruction

Alameda County Office of Education January 29, 2011

Margaret Benavides, Special Education Consultant

Meeting Special Education Requirements for English Learners

JACK O’CONNELLState Superintendent of Public Instruction

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Presentation Goal

To provide an overview of Special Education referral, assessment, reclassification, and IEP processes that address special factors for consideration when working with English Learners

* legal requirements

* role of RtI

* eligibility

* English language development


Our Responsibilities

• Students

• Parents

• District and State

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Students

LEAs “must ensure that assessment and other evaluation materials used to assess a child…are provided and administered in the child’s native language…and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless clearly not feasible…” 34 CFR 300.304(c)(1)(ii)

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Students

General Considerations: developing IEP• Child’s strengths• Parent concerns• Evaluation results• Academic, developmental, and

functional needs• child with limited English proficiency,

consider the language needs as those needs relate to the child’s IEP 34 CFR 300.324(a)(1)(2)

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Students

Each English learner must receive a program of instruction in ELD in order to develop proficiency in English as rapidly and effectively as possible

• Targeted to English language proficiency •Ongoing monitoring of progress

(20 USC 1703[f], 6825[c][1][A]; EC 300, 305, 306, 310; 5 CCR 11302[a]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011)

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Students

• Meaningful access to the core curriculum

• English learners receive academic instruction to meet the district’s content and performance standards for their respective grade levels in a reasonable amount of time

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Parents

• Receive information in native language• Prior written notice • Informed consent• Parent concerns• Participation in decision-making• Procedural safeguards and rights

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State Education Agency

• Ensuring compliance with IDEA, its regulations along with state education code and Title 5 regulations:

FAPE

Child Find

LRE

IEP

Placement

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FAPE (Free and Appropriate Public Education)

• Means special education and related services that—– Are provided at public expense,

under public supervision and direction, and without charge

– Are in conformity with an IEP (individualized education program)

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Local Education Agency

• LEA must provide for the education of children with disabilities in the least restrictive environment.

• Early intervening services e.g. RtI• Parental consent• Evaluations• Eligibility determination & educational

need • Parental participation

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Local Educational Agency

• IEP requirements• Exceptions• IEP to parents in their native language

upon request• IEP to teachers and others• Procedural Safeguards

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Assessment

• Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining—

– (i) Whether the child is a child with a disability under 34 CFR§300.8; and

– (ii) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum


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Assessment

• Must not be discriminatory--racially or culturally

• Have been developed using English learners to create norms

• Are administered in the child’s native language

• Help assess whether lack of academic achievement is due to limited English proficiency or learning disability


IEP Decision-making

• Eligibility• Parent input• Validity/reliability of assessments• Content of IEP• Linguistically appropriate goals• Language of instruction• FAPE and LRE• Parent consent

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Team Determinations around Language Proficiency Assessments

Unless the IEP team establishes the need for an alternate English proficiency test, the CELDT

must be used as the primary criterion to determine the student’s level of English proficiency.

Therefore, the IEP team must determine:• The appropriateness and use of multiple criteria,

including CELDT, with or without accommodations• The use of alternate assessments in one or more

required domains (listening, speaking, reading and writing) as appropriate


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IEP Team Decision-Making

The IEP team considers whether student’s lack of progress is possible manifestation of disability or consistent with process of second language acquisition:• Team includes a representative with

knowledge of second language acquisition and EL services

• Team considers results of assessment and whether instruments used are valid and reliable for English learners

• Team includes parents/guardians, and students when appropriate


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IEP Development for English Learners

• Current levels of performance– Assessment results– Strengths – Areas of need

• Assessment and classroom accommodations, program supports and modifications (including CELDT / all domains)

• Linguistically appropriate goals and objectives


IEP Content

• Academic goal development including standards based goals

• Services to be provided the student to provide “specially designed academic instruction” needed to access and make progress in the core curriculum– Authorized special education

services and ELD services and instruction provided by both general education and special education personnel

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Linguistically Appropriate Goals

• Linguistically and culturally appropriate IEP goals, objectives, and related services should reflect the current language needs of the English learner in determining the appropriate:– English language development

methodology– Access to the core curriculum– Instructional setting


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• Address ELD/ELA standards at the appropriate grade span

• State specifically which language the goal will be accomplished

• For English Learners with moderate to severe disabilities, link goal to developmental levels and functional skills


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• When writing goals for students who are English learners receiving special education services, the IEP team must consider the student’s status in:– English language development – Meaningful participation in the core

curriculum


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English Language Proficiency Assessment

• There is no single alternative assessment instrument for language proficiency which assesses all four domains for students of all type and severity of disability


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Reclassification Requirements

California Ed Code 313d requires:

• Assessment of English-language proficiency(CELDT)

• Comparison of performance of basic skills ( CMA may now be used)

• Teacher evaluation of academic performance

• Parent opinion and consultation


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Reclassification

The LEA monitors for a minimum of two years the progress of reclassified pupils


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Your Questions?


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Essential Questions

• Are students who are ELs appropriately identified and placed?

• Are dual-identified English learners learning English?


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Essential Questions

• Are the IEPs addressing each EL student’s linguistic and academic needs?

• Do IEPs specify necessary accommodations and modifications?

• How are English learners’ needs being met?


THANK YOU!

Margaret Benavides, Consultant

Procedural Safeguards Referral Service

Special Education Division

(916) 327-3700, [email protected]

PSRS: (800) 926-0648

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meeting special education requirements for english learners

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